GenOn Files Petition for Certiorari to Supreme Court on Third Circuit Clean Air Act Preemption Case

March 13, 2014
MGKF Litigation Blog

This summer, we reported on the Third Circuit’s decision in the Bell v. Cheswick Generating Station case, which held that the federal Clean Air Act (“CAA”) does not preempt state common law tort claims in a putative class action filed by over 1,500 residents complaining that the operations of GenOn Power Midwest, L.P.’s (“GenOn’s) coal-fired electric generation station constituted a nuisance under Pennsylvania common law. Read the full blog post.